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Sidney, NE Code of Ordinances
CITY OF SIDNEY, NEBRASKA CODIFIED ORDINANCES
COMPARATIVE SECTION TABLE
PART TWO ADMINISTRATION CODE
PART FOUR TRAFFIC CODE
PART SIX GENERAL OFFENSES CODE
PART EIGHT BUSINESS REGULATION AND TAXATION CODE
PART TEN STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE PLANNING AND ZONING CODE
TITLE TWO - Planning
TITLE FOUR - Subdivision Regulations Chap.
TITLE SIX - Zoning
CHAPTER 1240 General Provisions and Definitions
CHAPTER 1242 Administration, Enforcement and Penalty
CHAPTER 1244 Board of Adjustment
CHAPTER 1246 Special Permits
CHAPTER 1248 Amendments
CHAPTER 1250 Districts Generally and Zoning Map
CHAPTER 1252 Mobile Homes
CHAPTER 1254 Travel Trailers
CHAPTER 1256 Planned Business Centers
CHAPTER 1258 Floodway Districts
CHAPTER 1260 Planned Unit Developments
CHAPTER 1262 Use Regulations
CHAPTER 1264 Area and Height Restrictions
CHAPTER 1266 Accessory Buildings
CHAPTER 1268 Fences, Walls and Hedges
CHAPTER 1270 Off-Street Parking and Loading
CHAPTER 1272 Signs
CHAPTER 1274 Home Occupations
CHAPTER 1276 Right-of-Way Lines
CHAPTER 1278 Nonconforming Uses
CHAPTER 1280 Supplementary Regulations
CHAPTER 1282 Preservation of Landmarks and Historical Districts
CHAPTER 1284 Chronic Nuisances
APPENDIX - A ZONING MAP CHANGES
PART FOURTEEN BUILDING AND HOUSING CODE
PART SIXTEEN FIRE PREVENTION CODE
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1260.17 OWNERSHIP OF DEVELOPMENT.
   The entire block, lot or tract of land to be occupied by a planned unit development shall be held in a single ownership or control.
(Ord. 2049. Passed 2-26-85.)
1260.18 DENSITY STANDARDS.
   Density standards prescribed in this Zoning Code for the zone in which a planned unit development is located shall apply, unless the Planning Commission finds that authorization of a greater density in such development as provided in this chapter will provide greater open apace and other desirable features which are not regularly required for the zone. However, the Commission may not authorize a density within-such development exceeding 150 percent of the density authorized by this honing Code for the zone in which such development is located.
(Ord. 1049. Passed 2-26-85.)
1260.19 INDIVIDUAL USE AREAS.
   The minimum area of each individual use axes in a planned unit development shall be:
Individual Use Area            Minimum Area
Residential               1/2 acre
Residential./office/professional      7, 200 sq. ft.
Residential/commercial         None
Commercial               None
Industrial               2 acres
(Ord. 1049. Passed 2-26-85.)
1260.20 LOT COVERAGE.
   Buildings and structures shall not cover more of a lot or of the total development site than would be permitted in meeting:
   (a)   All requirements with respect to the zone in which such development is to be located; and
   (b)   All the requirements of this chapter.
(Ord. 1049. Passed 2-26-85.)
1260.21 SETBACKS.
   All buildings and structures in a planned unit development shall be set back from a street, road or drive, whether or not dedicated to public use, not less than the distance required with respect to setbacks from dedicated public streets in the zone in which the development site will be situated, except as herein provided. If the street, road or drive is formally dedicated to public use, the setback shall be from the dedicated right of way of the street, road or drive. If the street, road or drive is not formally dedicated to public use, the.setback shall be from a line established by a recordable instrument executed and acknowledged by the owner of the development site, expressly approved by the Planning Commission as establishing a setback that is compatible with the general setback requirements in the zone and as being sufficient as to form, and recorded by the Clerk-Treasurer at the expense of the owner before any affected building site in the development is sold -or contracted to be sold, or before construction of any building or structure on any such site is commenced. However, the Commission may.require an additional setback from a heavily traveled street, road or drive if it determines such a setback to be reasonably necessary or proper for the public health, safety and welfare.
(Ord. 1049. Passed 2-26-85.)
1260.22 HEIGHT OF STRUCTURES.
   The height of buildings and structures in a proposed planned unit development shall not exceed the height limitations in the zone in which the development is to be located.
(Ord. 1049. Passed 2-26-85.)
1260.23 PRIVATE STORAGE AREAS.
   Where a proposed building is to be constructed without an attached or detached garage for each dwelling unit, a minimum of 100 cubic feet of private storage space shall be provided within each dwelling unit. Such storage area shall be accessible from the exterior of the individual dwelling unit and the design, location and size of the storage space shall be integrated into the building and the development generally.
(Ord. 1049. Passed 2-26-85.)
1260.24 VEHICULAR STORAGE.
   Outside areas for storage of boats, trailers, recreational vehicles and similar vehicles are prohibited, unless provision for such areas for the exclusive storage of such vehicles is contained in restrictive covenants approved by the Planning Commission. Where such areas are provided, they shall be screened and enclosed from view on a horizontal plane from adjacent areas by a six-foot high architectural barrier compatible with the architectural design of the development and permanently maintained. A vehicle wash area may be provided within close proximity of the vehicle storage area. Specifications for such a wash area shall be submitted to and approved by the City Manager.
(Ord. 1049. Passed 2-26-85.)
1260.25 OTHER ACCESSORY USES.
   Other accessory uses solely for the convenience of the occupants of the development, which the Planning Commission determines to be compatible with a planned wit development approved by it, may be authorized by the Commission by special permit.
(Ord. 1049. Passed 2-26-85.)
1260.26 WALLS AND FENCES.
   The general development standards in Chapter 1268 for fences, walls and hedges shall apply to fences, walls and hedges in a planned unit development. However, the Planning Commission may require additional walls and fences if it determines that such walls or fences are necessary to protect adjacent properties or occupants of the development.
(Ord. 1049. Passed 2-26-85.)
1260.27 STREETS AND DRIVES.
   (a)   Adequacy. The streets and drives on a proposed planned unit development site shall be adequate to serve the occupants of the development.
   (b)   Primary Drives. All drives designed to provide primary access through a development shall be improved with pavement having a minimum width of twenty-eight feet. All improvements of such drives shall be constructed in accordance with general City standards, including the installation of standard curbs and gutters, for public streets of the City.
   (c)   Secondary Drives. All secondary drives and vehicular ways shall be improved with pavement having a minimum width of twenty-six feet. All improvements of such drives and ways shall be constructed in accordance with general City standards, including the installation of standard curbs and gutters, for public streets of the City.
   (d)   Drives Serving Garages. Where a private drive serves only garages, and the drive is posted to prohibit all other uses or parking, the-drive shall be improved with pavement having a minimum width of twenty-six feet and shall otherwise conform to general City standards, including the installation of standard curbs and gutters, for public streets of the City.
(Ord. 1049. Passed 2-26-85.)
1260.28 VEHICULAR ACCESS.
   (a)   To Development Sites. Vehicles shall have access to a planned unit development site only from a public street. However, no vehicle shall have direct access to a development site from a major public street, unless the Planning Commission determines: (1) That an existing development site has no alternative means of ingress and egress; and (2) That the owner of the site has shown that access from a major street will not hazardously affect the function of the street or be detrimental to the safety of motorists.
   (b)   To On-Site Parking Areas. Vehicles shall have access to on-site parking areas by means of:
      (1)   A loop system, each one-way roadway of which has a minimum width of twenty feet; or
      (2)   All drive and vehicular accessways that provide access for fire and emergency vehicles or either.
   A minimum vertical clearance of fourteen feet and-a minimum horizontal clearance of twenty feet shall be provided.
   (c)   To Dwelling Units. Vehicles shall not have direct ingress to or egress from individual units from or to a public street.
(Ord. 1049. Passed 2-26-85.)
1260.29 PEDESTRIAN CIRCULATION SYSTEMS.
   A pedestrian circulation system shall be incorporated into the development for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system shall be developed with a combination of the following improvements
   (a)   A public sidewalk system adjacent to all public streets or drives which shall be constructed in accordance with general standards of the City for public sidewalks; and
   (b)   An interior walkway system, which shall include -pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The interior walkway system shall utilize substantial materials such as concrete, brick, flagstone or other materials approved by the City Manager.
   However, the Planning Commission may approve an alternative sidewalk and pedestrian access plan which it determines will accomplish substantially the same results.
(Ord. 1049. Passed 2-26-85.)
1260.30 MODIFICATION OF PLANS.
   The Planning Commission, upon review of a proposed planned unit development plan, may, even if the plan complies with the requirements of Sections 1260.18 through 1260.28(b), require modifications in the size, number and location of access points and vehicular, pedestrian or multi-model on-site circulation systems, which modifications it determines to be necessary or proper in order to protect and enhance adjacent properties and protect the public safety and welfare.
(Ord. 1049. Passed 2-26-85.)
1260.31 COMMON OPEN SPACES.
   A planned unit development plan shall include such provisions for the ownership and maintenance of all common open spaces as are reasonably necessary, as determined by the Planning Commission, to ensure the continuity, care, conservation and maintenance of such spaces, and to ensure that remedial measures will be available to the owners of individual units or their association if such space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the occupants of such development and of the entire community, or either.
(Ord. 1049. Passed 2-26-85.)
1260.32 DEDICATED RECREATIONAL AREAS.
   Any recreational area in a planned unit development which is proposed to be dedicated to the City for public use shall comprise not less than one acre and shall have direct access from a public street.
(Ord. 1049. Passed 2-26-85.)
1260.33 LIGHTING SYSTEMS.
   The developer of a planned unit development shall install a lighting system on all streets, roads and drives and along all major walkways in the development which shall equal in illumination lighting on public streets of the City, subject to approval of the City Manager. Such lighting shall be directed onto the drives and walkways and away from adjacent properties. Walkway lighting shall be a low-level fixture, shall be spaced to provide adequate walkway illumination, shall be vandalproof and shall not intrude unnecessarily into residential units. All drives, walkways, parking areas, outdoor activity areas, outdoor entries to individual dwelling units, private patios, mail collection areas and trash collection areas shall be illuminated during hours of darkness. Lighting for individual dwelling unit entries and private patios shall be independently controlled by the occupants of such dwelling unit.
(Ord, 1049. Passed 2-26-85.)
1260.34 LANDSCAPING.
   All setback areas in a planned unit development fronting on or visible from a public street and all recreation, leisure and open areas shall be landscaped and permanently maintained in an attractive and appropriate manner. Such landscaping shall consist primarily of ground cover, trees, shrubs and other living plants. Landscape maintenance shall be subject to immediate and periodic inspection by the City.
(Ord. 1049. Passed 2-26-85.)
1260.35 SIGNS.
   (a)   There shall be provided by the developer of a residential planned unit development signs that will enable motorists, pedestrians and emergency services, including fire and police services, to locate residential units from access points on the perimeter of the development. Such signs shall illustrate the site plan, names of streets and drives and ranges of corresponding street and drive addresses. Such signs shall include the following:
      (1)   One indirectly illuminated monument sign leer development entrance for the purpose of identification, which shall contain the wame and, address of the development only. Such sign shall not exceed twenty square feet in aggregate area or five feet in overall height. It shall be erected within a landscaped area and located not less than fifteen feet from the curb face.
      (2)   1n lieu of a monument sign such as is referred to in paragraph (a)(1) hereof, one wall sign per development entrance, which shall be incorporated into an exterior perimeter wall of the development. Such sign shall consist of in individually mounted letters and numbers which identify the name and address of the development only. Such letters and numbers shall not exceed eighteen inches in height and shall be indirectly illuminated.
      (3)   One directory sign per entrance of the development, which shall illustrate the site plan, names of streets and drives and ranges of corresponding street and drive addresses. Such sign. shall not exceed twenty square feet and five feet in height and shall be indirectly illuminated.
      (4)   One unlighted or luminous nameplate not exceeding thirty-two square inches in area for each dwelling unit,.indicating the address number of the unit; and
      (5)   Private drive signs at uniform locations throughout the development. Such signs shall be similar to standard City street signs and shall be approved by the City Manager.
   (b)   For sale, lease, rent and sold signs, which are permitted in Chapter 1272, are permitted in a planned unit development.
(Ord. 1049. Passed 2-26-85.)
1260.36 APPEARANCE STANDARDS.
   The Planning Commission, before approving a planned unit development, shall consider the following standards, as well as those referred to elsewhere in this chapter:
   (a)   Architectural features and general appearance of the proposed development shall enhance the orderly. and harmonious development of the entire development and the community as a whole.
   (b)   Architectural features and permanent colors, if any, shall be incorporated into the design of all vertical exterior surfaces of buildings in such a manner as to create an aesthetically pleasing whole.
   (c)   Particular attention shall be given to incorporating the design of the proposed development, including colors of signs, into the overall design of the entire development in order to achieve a unity.
   (d)   Vehicular accessways shall be designed with landscaping and building variations to avoid an alley-like appearance.
(Ord. 1049. Passed 2-26-85.)
1260.37 SEWERAGE AND WATER SYSTEMS.
   (a)   Sanitary Sewer and Water Systems. Sanitary sewer and water systems shall be designed and installed to City standards and specifications for such systems installed by the City. Such systems shall be located within private drives, roads or alleys, unless otherwise shown in the final plat approved by Council. In no case shall sewer mains or lines extend underneath any dwelling unit other than the unit served by the main or line. Provisions shall be made, in an instrument recordable and indexable against the development site in the office of the County Clerk, to identify those parts of the system which are privately owned and those, if any, which are publicly owned.
   (b)   Storm Drainage Systems. Storm drainage systems shall be designed and installed to City standards and specifications for such systems installed by the City. Such systems shall provide for delivery of on-site drainage to a public storm drainage system. An off-site storm drainage system may be required by the Planning Commission if it determines that such a system is necessary to protect adjacent properties.
(Ord. 1049. Passed 2-26-85.)
1260.38 FIRE HYDRANTS.
   A fire hydrant system to provide an adequate water flow for fire protection purposes shall be designed and installed to City standards and specifications for such systems installed by the City. The adequacy of such a proposed system shall be approved by the City Water and Fire Departments and the system shall be tested and approved by such Departments prior to commencement of the framing stages of building on the development site.
(Ord. 1049. Passed 2-26-85.)
1260.39 UTILITY INSTALLATIONS.
   All utility services, including cable television, shall be installed underground, unless the Planning Commission finds that specific engineering or design problems would prevent such installation. Electrical utilities shall be installed in accordance with the code required by the State.
(Ord. 1049. Passed 2-26-85.)
1260.40 TRASH COLLECTION AREAS.
   Individual or common trash collection areas shall be provided. Such areas shall be provided within 100 feet of the farthest unit they serve and shall be situated so as to eliminate noise and visual intrusion on adjacent property and dwelling units, as well as to avoid fire hazards to adjacent structures.
(Ord. 1049. Passed 2-26-85.)
1260.41 LAUNDRY AREAS.
   Laundry areas shall be provided in individual dwelling units or at central locations throughout the development site for adequate use and convenience of the occupants of such development.
(Ord. 1049. Passed 2-26-85.)
1260.42 MAIL DELIVERY.
   Mail delivery service shall be provided at central points which are easily accessible from streets and drives in the development and shall not be so located as to interfere with traffic movements.
(Ord. 1049. Passed 2-26-85.)
1260.43 ADDITIONAL STANDARDS.
   The Planning Commission may adopt, by resolution, additional recommended standards of general applicability concerning the design and construction of planned unit developments which standards are compatible with the intent and purposes of the City's Zoning Code and Subdivision Regulations and the Comprehensive Development Plan. However, compliance or noncompliance with such standards shall not be a factor to be considered by the Commission in granting or denying an application for a special permit for a planned unit development.
(Ord. 1049. Passed 2-26-85.)
1260.44 CONDOMINIUM PROPERTY.
   (a)   Applicability; Scope. The provisions of this section apply to real property which:
      (1)   Is proposed to be developed as a residential planned unit development comprising apartments and common areas; and
      (2)   Has been or is to be subjected to a condominium property regime under the Condominium Property Act.
   With respect to such property, the provisions of this section supersede all other provisions of this chapter and of other chapters of this Zoning Code which are in conflict with these provisions, except such other provisions as are specifically applicable to townhouse or cluster housing projects. Except in cases of such conflict or in situations in which other regulations are clearly inapplicable (because they are clearly inappropriate) to property to which the provisions of this section apply, such other provisions, if otherwise applicable, also apply to such property.
   (b)   Purpose. The purpose of this section is to permit the planning, construction and occupancy of residential planned unit developments of a type described in subsection (a) hereof, in accordance with standards for large scale residential developments containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways and other amenities which are not required ox, as the case may be, not permitted under this chapter or other chapters of this Zoning Code.
   (c)   Accessory Uses. A condominium development nay contain accessory uses permitted within the zone in which the development is located, providing that commercial uses are so located as to minimize interference with residential or recreational areas within the development and to avoid creation of traffic congestion or other objectionable influences affecting residences outside the development.
   (d)   Establishment of Condominium Property Regimes. A condominium property regime is deemed to be established whenever the sole owner or other owners of residential property which is eligible to be subjected to such a regime under the Condominium Property Act declares his, her or their desire to do so in the manner prescribed by the Act. As provided by the Act, such a regime may be established with respect to a project whereby four or more apartments are separately offered or proposed to be offered for sale.
   (e)   Setbacks. The minimum setback from a publicly dedicated street for all buildings and structures exceeding forty-two inches in height in a residential condominium development shall be that which is required in the zone in .which such development is located. However, this restriction shall not apply to construction of a six-foot decorative wall or fence along an arterial highway or other public street in a situation in which such construction is necessary to diminish noise and establish pedestrian traffic control, if permitted or required by the Planning Commission in connection with the issuance of a special permit.
   (f)   Vehicular Accessways. The minimum distance between a building and a vehicular accessway, other than a publicly dedicated street on a condominium development site, shall be:
      (1)   A vehicular accessway and that portion of a building used for human habitation; and
      (2)   Five feet between travel lanes on a vehicular accessway and a garage or parking structure. However, where a garage attached or adjacent to the residence building it is to serve is to be constructed, a minimum of fifty percent of the area of such garage shall be set back not less than twenty feet from the curb line, or back of a sidewalk, whichever distance is greater.
   The distance between uncovered and unenclosed parking spaces and any ground floor area of a building used for human habitation shall not be less than six feet.
   (g)   Abutting Property Lines. The minimum setback from a property line of an abutting property for all buildings thirty feet or less in height, except garages, shall be ten feet. The minimum setback from an interior property line for a garage shall be ten feet. However, such a structure may be constructed at a zero setback if:
      (1)   The finished grade of a condominium development at the common property line is not higher by more than one foot than the finished grade on an abutting property.
      (2)   The wall of such structure constructed along the common property line is a full fire separation wall.
      (3)   No portion of the structure or architectural features project over the common property line.
   (h)   Building Separations. The minimum distance between buildings on a condominium development site shall be:
      (1)   Twenty-five feet between one-story buildings, front to front. Such distance shall be increased by five feet with respect to each story of each building in excess of one story.
      (2)   Twenty feet between one-story buildings, rear to rear or rear to front. Such distance shall be increased by five feet with respect to each building in excess of one story.
      (3)   Fifteen feet between one-story buildings, side to front or side to rear. Such distance shall be increased by two and one-half feet with respect to each story of each building in excess of one story.
      (4)   Ten feet between one-story buildings, side by side. Such distance shall be increased by two and one-half feet with respect to each story of each building in excess of one story, or by five feet with respect to each dwelling unit in excess of two stories contained in either one of the structures, whichever distance is greater.
      (5)   In the case of an obliquely aligned building, the distance specified herein may be decreased by five feet at one building corner if increased by an equal or
      (6)   Ten feet between detached accessory buildings; and
      (7)   Ten feet between the ground floor area of a building used for human habitation and a detached accessory building.
   (i)   Floor Area. The minimum floor area of an apartment in a condominium development shall be:
   Apartment Type         Minimum Floor Area (sq. ft.)
   One-bedroom               500
   Two-bedroom ~            600
   Three-bedroom            650
   Four-bedroom               700
   (j)   Building Size and Exterior Design. All structures in a condominium development shall conform to the following requirements:
      (1)   Structures having dwelling units attached side by side shall contain not more than eight apartments and be not more than 200 feet in length.
      (2)   Structures having apartments attached side by side shall have an offset in the front building line of not less than two feet for every two dwelling units within the structure.
      (3)   Not more than three apartments attached side by side shall have rear walls in continuous alignment. The minimum offset for such walls shall be one foot.
      (4)   Structures having apartments attached side by side shall provide a variety of heights to minimize the apparent bulk of the structure.
   (k)   Off-Street Parking. A condominium development site shall include, as a minimum, the following off-street parking facilities:
      (1)   Two parking spaces for each apartment. One such space shall be in a fully enclosed garage, which shall be located adjacent to the apartment being served. The minimum inside dimension of all parking spaces shall be ten feet in width and twenty feet in length.
      (2)   Guest parking: one parking space for each five apartments. Guest parking shall be distributed throughout a condominium development site. No parking space or stall, except a garage, and no driveway, shall be closer than six feet to any residential building. Such parking facilities shall meet, in addition, all of the requirements of Sections 1270.02 through 1270.04. Parking on streets, drives or alleys shall not be used to satisfy any of the requirements of this section.
   (l)   Common Open Space. A condominium development site shall include common open space for recreational and leisure activities of the occupants of the development aggregating not less than 450 square feet per each apartment or thirty-five percent of the total area of the development site, whichever is greater. Common open space does not include public streets, driveways, private yards and patios, parking spaces, parkways or other areas not primarily designed for recreational or leisure use.
(Ord. 1049. Passed 2-26-85.)
1260.45 TOWNHOUSES.
   (a)   Applicability; Scope. The provisions of this section apply to townhouse planned unit developments. With respect to such developments, these provisions supersede all other provisions of this chapter and an other chapters of this Zoning Code which are in conflict with these provisions, except such other provisions as are specifically applicable to condominium property developments. Except in cases of such conflict or in situations in which such other provisions are clearly inapplicable (because they are clearly inappropriate) to townhouse developments, such other provisions, if otherwise applicable, also apply to such developments.
   (b)   Purpose. The purpose of this section is to permit the planning, construction and occupancy of townhouse developments in accordance with standards for townhouses, and for accessory buildings and land to which the townhouses are appurtenant, containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways and other amenities which are not required or, as the case may be, not permitted under this chapter or other chapters of this Zoning Code.
   (c)   Lot Area. The minimum area of a lot on which a townhouse is constructed is 3,500 square feet. However, the Planning Commission, at the request of the applicant for a special permit for a townhouse development, may permit townhouses to be constructed on lots the area of which is not less than 2,500 square feet, providing that the number of dwelling units per acre of land (exclusive of public rights of way) does not exceed twelve and that not less than ten percent of the area (exclusive of front, rear and side yards, private walkways and driveways, and public streets and alleys) is reserved for use as open space.
   (d)   Lot Width. The minimum width of a lot on which a dwelling unit in a townhouse is constructed is twenty feet.
   (e)   Side Yard Setbacks. The dwelling unit at each end of the townhouse or, as the case may be, townhouse series, shall set back not less than ten feet from the side lot lines. However,if such lot is a corner lot, the setback shall be not less than fifteen feet.
   (f)   Floor Area. The minimum floor area of a dwelling unit in a townhouse shall be:
   Townhouse Type         Minimum Floor Area (sq. ft.)
   One-bedroom               500
   Two-bedroom               600
   Three-bedroom            650
   Four-bedroom               700
   (g)   Building Size and Exterior Design. All structures in a townhouse development shall conform to the following requirements:
      (1)   Structures having dwelling units attached side by side shall contain not more than eight dwelling units and be not more than 200 feet in length.
      (2)   Structures having dwelling units attached side by side shall have an offset in the front building line of not less than two feet for every two dwelling units within the structure.
      (3)   Not more than three dwelling units attached side by side shall have rear walls in continuous alignment. The minimum offset fox such walls shall be one foot.
      (4)   Structures having dwelling units attached side by side shall provide a variety of heights to minimize the apparent bulk of the structure.
   (h)   Off-Street Parking. Two off-street parking spaces shall be provided within the townhouse development for each dwelling unit in the development. - If more than one such space is provided on a lot on which a townhouse is situated, such space shall be set back from the front lot line not less than the front building line.
   (i)   Common Open Space. A townhouse development site shall include common open space for recreational and leisure activities of the occupants of the development aggregating not less than 450 square feet per dwelling unit or thirty-five percent of the total area of the development site, whichever is greater. Common open space does not include public streets, driveways, private yards and patios, parking spaces, parkways or other areas not primarily designed for recreational or leisure use.
(Ord. 1049. Passed 2-26-85.)
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